The Study On Policemen Appearing In Court As A Witness

Appearing in court as a witness is the policeman's obligation in most countries in the world, and is also a popular phenomenon. But our country's laws don't mention it. There are many controversies in practice and in theory. What is the theoretic gist of policemen appearing in court as a witness? What are the obstructions if this system is brought into effect in our country? This article mainly discusses these questions.Chapter one is about the current situation and controversy of policemen appearing in court as a witness. Anglo-American law system and continental law system take up different positions on this issue. In Anglo-American law system, policemen appearing in court as a witness is a reasonable thing, but in continental law system, many countries take the negative attitude. In our country, affected by continental law system, we take a negative attitude in practice, policemen needn't appear in court as a witness. If they give written testimony, they are always in the name of XYZ vice squad. In theory, there are many controversies about policemen appearing in court as a witness. In dissenters'opinion, policemen appearing in court as a witness is conflict with their identity, but most scholars think excluding the policeman as a witness is wrong in legal principles, and is harmful to the judicial practice. Because of the irreplaceablity of the witness, we should allow policemen to appear in court as a witness.Chapter two is about the theoretic analysis of policemen appearing in court as a witness. Firstly, we discuss about the qualification of witness of policemen. Qualification of witness is different from the credibility of the witness. If the witness has the basic ability to state in court, he should possess the qualification of witness. This rule also applies to policemen, if a policeman has the basic ability to state in court, he should appear in court as a witness. But policemen are not as same as witness, there are three main differences. Secondly, there is legal basis of policeman's appearing in court as a witness. Firstly, it is the request of the attribute of evidence. The objectivity and validity of evidence request that policemen must appear in court to accept cross-examination, and to affirm the objectivity and validity of their evidences. Secondly, policemen appearing in court as a witness is the request of the modern ways of court trial. If the policeman doesn't appear in court as a witness, the indigenization and balance won't come true, and the cross-examination and debate can't be carried out. Thirdly, the principles of direct-word and excluding the illegal evidences ask the policeman must appear in court as a witness. The principles of direct-word and excluding the illegal evidences are the main principles of modern criminal prosecution. Only policemen appearing in court as a witness, the cross-examination can come true, and to discover the truth of the case to the fullest extent. Fourthly, weather the policemen should appear in court as a witness is depending on the pursuit of value and balance of interest. Policemen appearing in court as a witness fits the pursuit of protecting human rights, so it is in solid with everyone. Lastly, policemen appearing in court as a witness is the request of national judicial rule.Chapter three is about the value of policemen appearing in court as a witness. Firstly, it helps to achieve entity justice and procedure justice. Policemen appearing in court as a witness give each side the chance to cross-exam to discover mistakes of files, and to discover the truth of the case. At the same time, policemen appearing in court as a witness helps to protect equality and participation of each side. Secondly, it helps to restrains policemen's illegal behaviors of taking evidences and to protect defendants'legal rights. Policemen appearing in court as a witness makes their behavior to expose to pubic, this can force policemen to consider this situation to insure the legitimacy of their behavior, and to prohibit illegal way of taking evidences. As a result, defendant's rights can be protected. Thirdly, it helps to establish the central location of court trial, and to insure the judicial authority. Lastly, policemen appearing in court as a witness can influence the public, and helps to encourage the public's consciousness to appear in court as a witness and to educate and reform criminals.Chapter four is about the obstacle of ask policemen to appear in court as a witness. Traditional litigation culture, the current mode of litigation and the current litigation system are the main obstacles. Otherwise, policemen appearing in court as a witness has a negative effect on detection.Chapter five is about perfection of the system of policemen appearing in court as a witness. The first thing is to renew people's ideas. To pay more attention to rights, to establish the central location of court trial, to break away from privileges of policemen. When constructing the systems, the first thing is to nail down the qualification of witness of the policemen. The second thing is to nail down the extension of policemen to appear court as a witness. There is one point to be paid more attention that is considering the current situation of our country, the policemen needn't appear in court as a witness in every condition. Restrict the extension of policemen appearing in court as a witness strictly. The third thing is the way that policemen appear in court as a witness is different from common witness, we must adopt different ways. The forth thing is establish policemen's immunity to give evidences. The last thing is to establish measures to protect and to insure policemen appearing in court as a witness. We also need to perfect the correlative system, including reinforcing the reformation of trail mode, establishing the principles of direct-word, reinforcing the construction of the police force and so on.